Umesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12794 of 2016 =========================================================== Umesh Kumar, Son of Sri Suresh Chaudhary, Resident of Village-Chiri, Police Station-Ghosi, District-Jehanabad, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Agricultural Department, Government of Bihar, Patna.

3. The Agriculture Director, Agriculture Department, Govt. of Bihar, Patna.

4. The Joint Director (Shashy), Magadh Division, Gaya.

5. The District Magistrate, Jehanabad.

6. The District Agriculture Officer, Jehanabad.

7. The Block Development Officer, Koka, Jehanabad.

8. The Block Agriculture Department Officer, Kako Jehanabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar, Adv. For the Respondent/s : Mr. Jainander Kumar Sinha, AC to SC-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 14-08-2018 This matter has been listed at the instance of learned counsel for the petitioner who informs in reference to the supplementary affidavit that feeling aggrieved by the cancellation of appointment vide order dated 28.06.2016 of the District Agriculture Officer, Jehanabad the petitioner has preferred an appeal which is pending before the Joint Director, Magadh Division, Gaya since 05.07.2017. A copy of the appeal is also enclosed at Annexure-7 to the supplementary affidavit.

Mr. Jainander Kumar Sinha, learned Assisting Counsel to Standing Counsel No.17 while filing counter affidavit, submits that he has no instruction on the supplementary affidavit.

Patna High Court CWJC No.12794 of 2016 dt.14-08-2018 Be that as it may, since as per the supplementary affidavit, the petitioner has filed his appeal before the Joint Director, Magadh Division, Gaya on 05.07.2017 and a period of more than one year has lapsed since thereafter, I deem it proper to dispose of the writ petition with a direction to the respondent No.4, the Joint Director, Magadh Division, Gaya to consider the appeal so filed by the petitioner against the order of termination, a copy of which is enclosed at Annexure-7 to the supplementary affidavit. Let the disposal be in accordance with law and after opportunity of hearing to the petitioner expeditiously and preferably within a period of six weeks of receipt/production of a copy of this judgment. The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/Anjula AFR/NAFR NAFR CAV DATE NA Uploading Date 16-08-2018 Transmission Date NA